at least four u.s. supreme court justices agreed that the court should hear arguments on whether prop 8 is constitutional and will supporters have legal standing, that is a legal standing to argue it in court. both sides are happy the high court is taking the case but for different reasons. mike is live with what we can expect. >> the u.s. supreme court has put itself in a position for what will be a historical civil rights movement and it will come nines years after litigation here in california. justices will now decide whether gays can get married in california. both sides of the prop 8 debate say they're looking forward to the legal arguments. >> when a child sees a married man and woman walking down the

street on the sidewalk, they know that that's the real deal. should proposition 8 be upheld, of course it should. >> it will be the fight of our lives, it's been the fight of our lives today, terry stewart joins the city attorney in expressing gratitude to the high court. >> and i can think of no better case for it to take up if it is going to take up a case than this case. it is coming at a particular onner tune time. >> he's talking about a rapid shift in views on same sex marriage. today the court reacted and announced it will l decide next year whether the federal government can deny benefits to married same sex couples. >> it's going be the whole ball of wax. . >> roy little says he believe

it is court took the two cases because of the historical significance in them but if there is a swing vote in the court it may be justice roberts. >> this is his moment to be in history. you saw with the health care cases how he took the lead and upheld the man date, not kennedy. >> the cases will be argued early next year with rulings due by the end of june. . >> the senator released this statement today, i was pleased when the ninth circuit struck down prop prop eight in june and i hope the supreme court upholds that. >> here is a a rook at the time line for the events. on valentine's day of 2004, the mayor began issuing marriage licenses to same sex couples. in august of that year action the supreme court ruled that he

had overstepped his authority and nullified the marriages. in 2008, the california supreme court ruled that gay couples had the constitutional right to marry. then november 4th, 2008, voters passed proposition eight banning same sex marriage. in august of this year, appeals could struck down the ban but marriages were put on hold. finally today, the u.s. supreme court announced it would take this face same sex marriage is already legal or about to become legal in nine states plus the district of columbia. vors in maine, maryland, and washington approved gay marriage just last month. there are 31 states where it is specifically banned. north carolina is the most recent state where voters went to the polls to ensure they wouldn't occur there. >> the ruling is going effect

nows of couples in the bay area. we talked to a couple waiting to get married. >> countless thousands of gay couples have watched this case move into the legal system but few thought it would go to the supreme court so soon. >> long time partners tom and jeff stayed glue to their computer monitors all morning. >> either the prop eight or the doma. >> devoted to this. >> despite all of their research r search they did not expect that the supreme court would take up this case. >> we tend to believe that the supreme court is cautious and there are reasons they could have left the case alone. >> we were hoping that the supreme court wouldn't take the prop eight-case in which case, we could get married pretty soon, but it just means more waiting. >> we are pay -- paying our

dues. we've been toyed with a little bit, yes, no, up down. i'm going to look at this as a better thing. >> back in 1996 when he was a san francisco supervisor. he cannot believe that gay marriage will be debated by the supreme court this had spring. >> especially for someone like me who's been around for a long time. this is a good thing because i was always laughed at and felt that it couldn't happen. > . >> we're very hopeful that had the decision will break in favor of allowing committed same sex couples. >> we will hear from the former mayor of san francisco, who shart -- started issuing licenses in 2004. . >> you can go to ktvu.com for

tleet coverage of the -- complete coverage. and reaction from both sides of the the same sex marriage issue. . >> in other knews tonight a couple accused of killing a hercules woman appeared in court and pleaded not. they denied all chargings in relation to the deths. the woman was found stabbed to death in her home. the defendants are due back in court on march 1st the record for a setting of a hearing date. >> police say an investigation lead to the arrest of a 23-year old woman. they say she was part of a gang related shooting that claimed the life of a 17-year old. officers say they're still looking for other suspects in this case. >> five murder suspects have

pleaded not to killing a homeless man last month. i they range in age in the early 20s to early 40s. charles powers was found beaten to death november 16th in a homeless camp. they say he was beaten to o death bay skate board. >> and an oakland raiders fan remains in the hospital after falling 30 feet off an upper seating deck. coming up at 5:30 we're talking to fans and players about the accident. >> the november jobs report is out and it's better than just about anyone expected. the labor departments report suggests the market is gradually improving despite disruptions from superstorm sandy and the fiscal cliff. 146,000 jobs have been added. and the unemployment rate fell to a four year low of 7.7% from

7.9% in october. coming up at 6:00 we look at one bay area industry where just having a job creates jobs. the impact one worker can have on the economy . >> authorities are serging for a 63 year old woman who is missing. they say she caulk r walked away from her home around 1:00 a.m. . >> here in the bay area and around the world, people are marking the day, 71 years after the attack on pearl harbor. . >> here at the top of the mount, you can see something that happens just once a year, the beacon is lit up to commemorate pearl harbor day.

it was an early day for survivors in alameda. the memories are still fresh for the men that were there. >> i saw that first or the pediatric doe drop --. >> i felt six hit the port side of my ship, tore a big hole in there. . >> 94 year old george larson was in the coast forward that day and saw the planes. >> one flew right over me but 200 feet above me. i could count the rifts on the lane. >> 71 years later, larson feelts a bit guilty that he's awarded for is surviving. >> when all of these other guys are getting killed or wounded and here i am, happy go lucky, nothing happened to me. >> after all of this time and

after more years of service in world war ii, they hope this will help others to strive for something other than winning a war everybody loses and you're losing the youth of your country the light had been in use for navigation until just after pearl harbor when it was turned off defense i havely, now it is lit just once a year to honor those who were lost. >> that a-attack left more than 24 hundred people dead. the japanese sank or damaged 21 american ships and 188 aircrafts. that prompted the united states to declare war on japan. it was called a day which will live in em frommy.

>> the national autobody counsel honored two veterans by giving them refurbished cars. >> they went to a marine and a navy soldier. they both served in afghanistan. >> and o on maf of other service members rg we appreciate the support and care. >> the group chose the anniversary of the attacks to honor the vets with the recycled rides program hillary clinton said that they are working on political transition. >> the united states stands with the sir yan people in sh syrian people in insisting that there be a unified democratic syria. >> that comes after she met with the russian prime

minister. they still disagree on whether the president will have to leave the country as part of any transition, the u.s. wants him out, the russians do not. . >> a child is dead, another person is critically injured, news chopper 2 is live over a big rig crash. >> and in weather, our break in the rain continues. in fact you can't see now but temperatures are dropping off. coming up, it will be in the mid-30s in the morning.

. >> taking you back to breaks news we brought you at the top. one child is dead and we just learned that a driver is also dead in this crash. this is the scene at byron highway near cliff on the court

-- clifton court road. we told you earlier that a child around the age of 7 died and in the past minutes we confirm third degree driver of that car also died. we also understand now that this crash caused a dee sal spill deez sal spill. you see both lanes are closed. the latest information we have from the highway patrol is that this area is going be shut down until at least 6:00. >> a former south bay elementary schoolteacher was sen sensed to jail for possession of child pornography. he was arrested at his home in may after police found photos on his computer. he taught at the will rogers elementary school. his sentence includes four years probation and he has to register as a sex offender. >> we have more for you, eight

people are under arrest after a swat team action in east oakland overnight. police say they made the arrests after serving search washts last night. . >> the sheriff was turned away from speaking at a school today after students wrote him letters criticizing his policies and enforcement tactics the man known as the toughest sheriff had no problem finding pirng boxer -- pink boxer shorts but getting past these doors was tufr than he thought. 50 stupts sent him letters in spanish telling him how they disagree with his law enforcement tactics. >> he called some of what they said nasty. >> they said i had concentration camps with my

tent city and that i'm a racist and i break up families and i just go after brown people many of the children focussed in large part of arizona's show me your papers low believed to be one of if strictest measures in imbrags in the country. the sheriff said he would have liked to explain he doesn't make the law, only enforces it. the school district cancelled the meeting saying due to scheduling it would not work for him to speak with children. >> the sheriff says he doesn't think scheduling is the issue. >> i don't know what their agenda is. i'm sure it may have gone up the line and someone said you're not going to have that sheriff in our school the school district can ask him to respond to the children in a letter that they can read. he said the rejection didn't surprise him.

he has been turned down after e agreeing to speak in his own county and elsewhere. >> the city of richmond is looking into allegations that wung of the top officials misused resources. leslie knight is accused of using public employees and facilities to use a side business of selling party favors and jewel l ri. the complaint also allegeses she used the city car and gas card for personal use. >> cal trans is alerting drivers to expect delays for the next ten while they put up a new toll system at the bridge. strong earthquake rocked part of japan this morning. it struck about 150 miles off the coast in the northeastern part of the country.

that is the same area devastated two years ago. officials say that several people were hurt and that the quake generated small waves and aftershock. so far no report offense damage. >> we can help you prepare for if next big earthquake. we have a section dedicate to preparedness under the news tab on our home page. >> president obama is asking congress to allocate 6(400)000- 0000 collar dollars -- $64 billion in aid to people affected by sandy. superstorm sandy is estimated to be the most costly natural disaster in the united states since hurricane katrina. >> the recent rains we've had here have produced some good news for the ma rist canyon county water supplies. they're showing the highest levels ever recorded for this

time of year. the down side is mud slides if the ground doesn't get a chance to dry out by any measures this weekend will be a far cry from last weekend. our meteorologist mark is here with the sgluz last week, we had storm no. 2 two approaching the bay area and then we were advertising the third strong one. no storms this week and as you can see, mostly clear sky there with the exception of a batch of high clouds moving toward the central portion of the bay. as far as temperatures they are cooling off. most areas are in the 50s. santa rosa 56, oakland, 56 with winds not too much of a factor. if you're looking toward the bay waters earlier today, i noticed the calm conditions.

satellite, no rain drops expected. in fact the storm track heading to the north of the bay area so we can guarantee you a dry weather pattern and a temperature change. if you are headed o to lake tahoe you can see some winds and afternoon highs around lake level maxing in the 40s. . >> hee here is a look at the chilly overnight los, first thing in the morning, temperatures have been cooling off o over the past few mornings and will continue with that. nap pa forecast, 34 and we could have some patchy dense fog to start the day. so here we go, saturday morning, 7:00, showing you the 30s, and widespread 40s across the region. as we put this into motion, the temperature scale goes up with the readings back in the upper

50s but most areas making it to the 60s. we'll show you the forecast temperature in your neighborhood for saturday, the temperature change you can expect for sunday and when shower chances return. >> you could call them lay away santas. >> when i told her, she started crying. >> the secret army of people paying off lay away bills now packs up. >> a raiders fan falls 30 sfeet off the upper deck, new details are released today about this.

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memories are made with ikea. . >> officials say a project may cause delace monday through friday in san brun know. they say train service will not be effected. >> it's said the true joy on the holiday season is found in giving. a group of lay away santas have taken that to heart. >> we had a little boy that actually wanted a kid's toy that he wanted to pay off. we found the toy for him. >> during the past month, several shoppers have come to the lay away department in the k. mart just to find out their purchases have been paid off.

the people behind the random acts o of kindness don't want to reveal their name. those on the receiving end have been overwhelmed with the generosity. >> one lady had actually been in the hospital and when i told her, she started crying. to me, that was really a touching moment. it almost made me want to cry. >> k. mart says this is something that's happening at stores across the country. they say unanimous shoppers have paid off more than a million dollars in lay aways for people they don't know. >> as congress tries to avoid the fiscal cliff here in the bay area, senior citizens found a unique way to get lawmakers attention. >> the california alliance for retired americans had a flash mob in front of the federal build not guilty downtown san francisco. they said they were to stand up

for medicare and medicaid. they said. >> the university of california is showing off a new look. they unveiled the sool's new logo and it's a little c inside a u. they say the logo is more modern and user friendly. f it was created by an in-house design team. >> are you looking to buy a home in the east bay. there's one bank that has $5 500-0000 to help home buyers a big rig crash has now claimed two lives including a child. we're talking about the clean up now under way

that's sixty seconds, for crying out loud. we know how long a minute is! sitting, waiting for an album to download. i still have back problems. you're only 14 and a half. he doesn't have back problems. you kids have got it too good if you ask me. [ male announcer ] now u-verse high speed internet has more speed options, reliability and ways to connect. rethink possible.

diesel diesel dees sill. >> we're continuing to follow news from contra costa county where a crash claimed the lives of o two people. it happened about two hours ago. officials tell united states that a car collided with a big rig. we're told the child died here at the scene and an adult died at the hospital. the driver of the big rig was not hurt. the crash caused a diesel spill over the auk wa duct. . >> a frightening tunnel bl from the upper deck at the coliseum has put a raiders fan in the hospital. >> oakland police say they are treating this as a medical incident. they don't believe this man was pushed and they're not doing any further investigation into

exactly how he fell. >> it was a dramatic fall from one of the highest point in the stadium and many in the stands didn't notice it. a man described as being approximately 18 years old toppled over the railing on the floor o of the upper deck falling 30 feet. it happened around kickoff last night. in a statement the coliseum's management company said the man was attended to by scomplis paramedics. he was conscious when he left the slen ewe. they added he remains in the hospital today receiving treatment. some have told police the man was sitting on the deck and lost his balance. others say he jumped. >> they have bars up higher. >> is that high enough, you think? . >> you know, if you're not acting stupid, yeah it is police told us alcohol appeared to be a factorment fans were surprised security didn't step

in in time. >> usually i'm there for a few seconds before security tells know back up so that's odd that somebody fell over that. >> former raiders superbowl champ says the sade yum needs to be updated. >> one more sign we need to get with it. >> i asked the the raiders public affairs director if this would lead to any safety improvements and he said any changes to the railings would have to be made by the management company, they are just a tenant there. . >> the alameda county coroner identified a 53-year old man who's body was found in the parking lot of a grocery store. >> a suspect in the hit and run death of a fairfield man posted bail and is out of jail. police arrested the man on

suspicion he was behind the wheel of the pickup truck that struck and killed a man. he was walking on peabody road wednesday when he was hit. >> sunny vil police are investigating reports that a business that sold high end cars on consignment has closed up shop and disappeared with with many of those cars. >> this man says he signed over his bmw and they told him they sold his car. he says the check he got bounced. when he went to the business, he found lot and offices empty. >> it leaves me with an empty garage, it leaves me without my money, and very little recourse. >> neighbors say the cars included mer you sadz and others. >> police are checking on facebook to see if it's pag all

o of their taxes. they have been making regular visit os the facebook offices to see if they're reporting the income. facebook says they come ply with italian law and pays taxes. >> wells fargo bank today gave hundreds of homeowners 20,$000 toward a down payment on a home. >> guys, wells fargo e has deals in some east bay cities, the plan is to take forsale signs and turn them into sold. >> they're teaming up with other people to lend a hand to help people who want to purchase a home in select communities we're seeing housing values start to sgliez they will support home buyers with a program that allows the people with down payment

assistance. >> we're going to give them a $20,000 grant for 0 % rate and that is forgiven as long as they stay in that house for five years. >> there are certain neighborhoods that the house has to be in and there is an new mexico limit. income limit. >> i knew i couldn't afford that down payment so this helps me. >> if you're not able to jump on this, don't worry. >> some of that money will go back into the pot so people who can't come to the event, don't lose hope. >> the event runs until 7:00 tonight at the oakland convention center. they do accept walk ins but try to come early.

for questions log on to our website ktvu.com. . >> and you can find out how to apply for the new program, look under web links when you get to our home sglaj a health care audit for pal low alto has found shortcomings. e. the report sthaez the auditor found there wasn't enough monitoring of how the health benefits were stered, specifically, reimbursements were not adequately monitors and the city had not done a good job monitoring the contract with a health care consult skwlnt a new report blasts california on not spending tax money collected from cigarettes on preventing smoking. >> the report says they plan to spend the money on presxrengs treatment programs,

but the amount is just 14%. >> a navy resifshist who returned him from last month, is now a lotto winner. he scored $195,000 in the fantasy five game. his numbers earned him half the overall prize. the navy reservist says he plans to pay off debt, buy a new car and put cash away for the family he and his wife are plan sglg city college is facing new challenges, the key roll students are playing in the finl fm future it's an auction you've probably never seen before t modern day cause this piece of prehistoric history could help.

. >> investigators are still looking for a the cause of a fire at strip mall but they say it appears to be electrical. investigators say the fire may have started in an electrical area and smolderred for a long 50i78. >> financially em battled city college of san francisco is

facing challenges. they need 34 34,000 full time stupts to fwet all on the state funding. they will likely come up short this year. less funding could mean fewer classes and even lay offs. >> and although enrollment is low, i feel it a-has to do with the idea of when people hear a- this city college is in trouble, they automatically think they're going to go somewhere else as faculty we're try to get the word out we're open. >> they also have to prove they made the necessary structural changes to keep open. >> kiss koe is bet -- sh -- the company plans to double the software revenue which is currently at 6:00 billion. they say they want to be a broader ip company. it was a mixed day out of wall

street, the b -- dow was down. . >> looking for an unusual holiday gift. tonight this dinosaur leg goes up for auction. >> we're wrapping up a beautiful afternoon across the entire bay area. coming up the warmest day of the upcoming weekend and when shower chances return in the five day forecast.

. >> controversial comedian cat

williams williams is now i wanted man. the sacramento county police department approximate issued an arrest warrant for him for wreckless driving. he's accused of flee fleeing in november. last month he abruptly ended his show after ten minutes after having what fans describe as an on stage melt down. >> mcafee says he was suffering from e chest pains and was rushed to the hospital. he wants to stay where he is. he is wanted for questioning in connection with the death of his neighbor. >> state officials have issued a health warning about wild mushrooms. with the rainy season on us, more are growing and the state department of public health is discouraging people from eating

the ones they found in the -- find in the wild. researchers are looking at ways to use social media to help a fight childhood obesity. they say nine out of ten teenagers use social media. they are trying to identify ways to reach teens with the messages of healthy eating and walth loss. >> after years of discussion, wireless users will be able to text 9111 for help. they say the big four mobile carriers have agreed to add that in 2014. the agreement will had axel l rate the process and ensure that over 930% of the nation's wireless users will be able to use services by texting. >> new at #35k, the owner of a large fossil hopes to fetch a

high price at auction. . >> the nature gallery is kicking off the auction with a celebration tonight and already lots of people are considering this prehistoric purchase. >> just near the jewelry sits a treasure o of another kind. . >> i think like what the heck. >> i've never seen anything like it. >> it's a 65 million year old dinosaur leg. this is what a full skeleton looks like. it's a close relative of the t- rex. >> it's from the goeb by dessert and it's 90% complete. >> and it could be yours. the leg is going up for auction here at the gallery. >> i think it would be like to cat's mee owe to have it in

your house. . >> worth about $60,000, the leg may go for much more. the owner hopes so since 25% will o go to a charity. >> it could be tens or hundreds of more men and women. >> you can see the leg is about seven feet tall tall and it weighs a bit more. . >> if you get it for christmas, you can have it at your house christmas day. the nature gallery will accept bids by phone, e-mail or at the store. the auction kickoff is until 9:00 tonight. . >> two researchers at the university of new hampshire say

the 38 states have lost a total of billions of dollars and about 27 thousand jobs because global warming has reduced snow fall and made the winter tourism season shorter. . >> we do know there is snow in the sierra now after the wet weather we had. let's check in with mark. >> we can actually enjoy the rain fall and snow fall with no clouds out there. it looks like a nice weather pattern developing over the next few days. now on the map, just a few high dloud -- clouds pushing into the north bay but no rain drops expected. temperatures continue to drop off. here are some of of the current numbers. the coolest locations are dropping down to mid-30s as we

head into the overnight hours. fair skies tonight and the weekend will be dry. temperatures warm up sunday. the extended a sun cloud mix. we could be tracking some showers as well. for today, once again, a beautiful friday, basically lots of sunshine. high pressure continue s to strengthen out here in the pa sif sxik the storm tracks up here way to the north. saturday, cold morning, temperature miss the mid-30s to 40s. partly sunny. sunday, first thing sunday you're going to notice the winds picking up. we could have gusts up to 30 miles an hour but with that dry northerly wind, temperatures do warm back up. we do show some fog into the

afternoon hours. we do have high clouds a little bit. temperatures for tomorrow afternoon not a big change from today's highs. o those readings mainly in the upper 50s and low 60s. . >> here say look ahead, your weekend rapidly approaching, sunday will be the warmest and the warm weather carries over to monday flt we do have thicker cloud cover on tuesday and we bring in the slight chance of a shower. coming up at 6:00 we have fire concerns. . >> thank you mark. . >> a face off over the fiscal cliff, the challenge the house speaker had for president obama today just minutes after the two met privately.

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. >> officials in london today confirmed the death of a nurse involved in a prank call made to the hospital where kate is staying. this comes just days after she took a call made by a pay of radio djs pretending to be

queen elizabeth. they asked to be put through to kate. . >> u contraction davis has announced that a neurosurgeon there is taking a leave of absence in response to malpractice accusations. four new claims have been made against the doctor. he's accused of experimenting on dying brain cancer patients. last --. >> in washington, the week ended with congress and the whitehouse in closer to avoiding the fiscal cliff. >> when it comes to the fiscal cliff that's threatening our economy and threatening jobs, the whitehouse has wasted another week. >> speaker boehner and president obama spoke only once this scombeek boehner called the talk unproductive.

boehner did not say e, he did not repeat his demand to keep tax cuts for the wealthy in place. the president insists taxing should go up on the top 2% of income earners. nancy pelosi responded to criticism that democrats are to blame for the stale meat. >> boehner says that democrats are slow walking this had but this is the same leader who had the house in session barely a full day of this week. >> if a deal is not reached by the end of this year, automatic tax increases and spending cuts go into effect. >> transportation officials today called for the use of data recorders to help improve drive driver safet . these

would record vehicle speed, air bag deployment and whether seatbelts were buckled. they say installing those recorders would help gather valuable information. the agency would like to them see them installed in 2014. >> coming up in two minutes we'll have an update on that fatal crash and the traffic jam it's created in contra costa county. . >> and the important out look is getting better, why experts say the job creation in one area of the bay area is key to getting the economy back on track.

proposition 8 heads to the u.s. supreme court. we talk to legal peshthss about what that means and a head-on big rig crash has left two people dead including a child. . >> geshgs i'm gasia mikaelian and i'm ken wane. walting the now over, we know